Rulemaking by the European Commission

The New System for Delegation of Powers

Edited by Carl Fredrik Bergström and Dominique Ritleng

Addresses a wide range of questions about the new system for rule-making by the European Commission

Examines the political and historical context in which the rule-making takes place

Accessibe and relevant to a wide audience of scholars, teachers, and legal practitioners

Rulemaking by the European Commission

The New System for Delegation of Powers

Edited by Carl Fredrik Bergström and Dominique Ritleng

Description

The last few years have seen major reforms to the delegation of powers and post-delegation supervision of the European Commission. In light of these reforms, Rulemaking by the European Commission: The New System for Delegation of Powers assesses whether the new system has really affected the old doctrine of delegation of powers, and if so, how? Specific questions answered include: have the objectives of the reform been achieved and what were these objectives? How does the new system affect the division of functions between the institutions of the EU and the institutional balance? Has this new system affected the relationship between the EU and its Member States, and if so, how does it concern its citizens?

Presented by an interdisciplinary group of experts who have actively followed or participated in the process of reform, the book is structured in four parts: (1) the political and historical context in which the rule-making takes place, (2) the operation and functioning of the system before and after the reform, (3) the legal substance of a new framework for rule-making and the emerging case law from the Court of Justice of the EU, and (4) the procedural dimension, including the legal preconditions for non-institutional actors to participate.

Rulemaking by the European Commission

The New System for Delegation of Powers

Edited by Carl Fredrik Bergström and Dominique Ritleng

Table of Contents

1: Introduction, Carl Fredrik Bergström 2: The Evolution of the Approach to Executive Rule-making in the EU, Jean Paul Jacqué 3: The Reform of Comitology and Delegated Acts: from an Executive's View, Paolo Ponzano 4: Delegation of Powers and Parliament: Political Problems, Legal Solution?, Kieran Bradley 5: Interinstitutional Tensions in the New System for Delegation of Powers, Thomas Christiansen and Mathias Dobbels 6: The Contest for Power in Delegated Rule-making, Adrienne Héritier, Catherine Moury, and Katarzyna Granat 7: The Reserved domain of the Legislature: The Notion of 'Essential Elements of an Area', Dominique Ritleng 8: Is there a Hierarchy of Legislative, Delegates, and Implementing Acts?, Jürgen Bast 9: Comitology, Rule-making, and the Lisbon Settlement: Tensions and Strains, Paul Craig 10: Judicial Protection for Private Parties in European Commission Rule-Making, Maria Bergström 11: The Making of Delegates and Implementing Acts: Legitimacy Beyond Institutional Balance, Joana Mendes 12: Conclusion, Carl Fredrik Bergström and Dominique Ritleng

Rulemaking by the European Commission

The New System for Delegation of Powers

Edited by Carl Fredrik Bergström and Dominique Ritleng

Author Information

Edited by Carl Fredrik Bergström, Professor of European Law, Uppsala University, Sweden, and Dominique Ritleng, Professor of Law, University of Strasbourg, France

Carl Fredrik Bergström is Professor of European Law at Uppsala University. He has a background as researcher at the European University Institute in Florence, lecturer at Stockholm University, and Head of Legal/Deputy Director at the Swedish Institute for European Policy Studies (SIEPS). ; Dominique Ritleng is a Professor of Law at the University of Strasbourg where he has also been Vice President. He has a background as legal secretary at the Court of Justice of the EU and before that as a professor at the University of Nancy.

Contributors:

Paul Craig is Professor of English Law at St John's College, OxfordJürgen Bast is Professor of Public Law at Justus Liebig University Giessen.

Carl Fredrik Bergström is Professor of European Law at Uppsala University.

Maria Bergström is Associate Professor of European Law and Senior Lecturer in EU Law at Uppsala University.

Kieran Bradley is Judge at the Civil Service Tribunal of the EU and President of its Second Chamber.

Paul Craig is Professor of English Law at St John's College, Oxford.

Mathias Dobbels is a Marie Curie research fellow and PhD candidate at Maastricht University.

Katarzyna Granat is Emile Noël Fellow at the New York University Jean Monnet Centre.

Adrienne Héritier holds a joint chair of political sciences in the Department of Political and Social Science and the Roberts Schuman Centre for Advanced Studies at the European University Institute in Florence.

Jean Paul Jacqué is Emeritus Professor at the University of Strasbourg, where he held a chair from 1978.

Joana Mendes is Assistant Professor at University of Amsterdam and Research Fellow of the Amsterdam Centre for European Law and Governance .

Catherine Moury is Assistant Professor at NOVA University, Lisbon, and researcher at CIES-IUL.

Paolo Ponzano is Senior Fellow at the Robert Schuman Centre for Advanced Studies of the European University Institute in Florence and Special Adviser to the Vice-President of the European Commission.

Dominique Ritleng is a Professor of European Law at the University of Strasbourg and Visiting Professor at Uppsala University.